Court of Session & High Court of Justiciary Opinions - Recent Cases

Subscribe To GLC

Listen

Monday, 31 March 2014

A new national advocacy service, Let’s Talk ASN, to be run by Govan Law Centre (GLC) and charity Kindred, will be launched tomorrow (1 April 2014) to replace the existing Take Note service. As reported in TES, the centre expects a “significant increase” in referrals regarding ASN issues, the most serious of which can mean that children end up missing school for several months.

Calls to GLC's own education law helpline have risen from 638 in 2011-12 to 1,159 after only 11 months of this financial year – and the vast majority have been related to ASN issues. The final figure is expected to reach up to 1,400 calls.

GLC's Iain Nisbet, head of education law at the centre, said that calls frequently came from parents or disability groups concerned that a service had been withdrawn after funding had disappeared or a staff member had been redeployed.

Calls covered the “full spectrum” of needs, he explained, and might mean that a child with a sensory impairment could not follow a teacher’s instructions, or that a student with complex medical needs would no longer have someone to assist with taking medicine. In one case he knew of, a child who required oxygen to be administered lost specialist support and subsequently missed two months of lessons, returning later only on a part-time basis.

“A child can end up missing months of school or there may be a requirement for the parent to come in and effectively do the job, which is not possible in every case,” Mr Nisbet said. Another common issue was insufficient support as disabled teenagers moved into adulthood, with some councils neglecting their duty to plan for that transition. “We get a lot of calls from people in May or June saying ‘My child’s leaving school in a month and we don’t know what they’re going on to’,” he said.

The new service’s recruits include Glasgow’s former head of special educational needs, Margaret Orr. It is now seeking volunteer advocates, including teachers, to deal with demand. But Mr Nisbet stressed that there were “plenty of examples of good practice” around ASN education in Scotland. “Certainly, we’re not saying that the system is universally bad,” he said.

Dave Hayhurst from Tain, in Highland, went to Govan Law Centre when he and his wife were unable to get their severely disabled son, Alfie-Ray, into what they believed was the best school for him. Alfie-Ray, 6, has autism, sensory processing disorder, attention deficit hyperactivity disorder and is almost entirely non-verbal. His parents were told just before Christmas that no space was available at the school, but in late February a place materialised after the centre intervened.

“We would fight to the death for our son, but other parents, like single parents, don’t have the time or the energy to get into a battle – I feel very sorry for them,” Mr Hayhurst said.

Monday, 10 March 2014

Scottish Housing News has reported today that the Chartered Institute of Housing, SFHA, COSLA, and ALACHO and the Glasgow and West of Scotland Forum of Housing Associations have rejected claims that allowing social landlords to allocate housing based on age, will not lead to unfair discrimination in the allocation of social housing in Scotland for certain age groups.

In dismissing the claims made by Scottish charities who represent the interests of tenants, David Bookbinder of the Chartered Institute of Housing in Scotland was reported to have said the concerns "were not backed up by evidence" and claimed "this measure will help deal with very specific situations and won’t in any way lead to social landlords ignoring their important duties under the Equality Act 2010. The Bill actually reinforces the requirement for landlords not to unfairly discriminate on the grounds of age".

Govan Law Centre's view is clear. We believe: "There is no independent evidence that removing the ban on taking age into consideration in allocating social housing would serve any useful purpose. Moreover, the Scottish Government did not consult on this proposal, and it appears to have by-passed the normal democratic route for open scrunity in the development of public policy in Scotland".

"We can understand why trade bodies representing social landlords are backing the right of their members to be able to refuse to allocate social housing to a tenant based on age, but unlike them we don't represent the interests of landlords; we only represent the best interests of tenants of all ages. Allowing discrimination based on age is a regressive and unnecessary step in Scottish housing law".